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2015 (10) TMI 1615 - ITAT DELHI

2015 (10) TMI 1615 - ITAT DELHI - TMI - Unexplained Credit u/s. 68 - whether CIT(A) has erred in passing the exparte order against the principles of natural justice without affording the proper opportunity of being heard to the assesssee? - Held that:- As on 26.11.2012 the date on which the final opportunity was given by the Ld. CIT(A), a letter has been received from the assessee through speed post stating that their counsel Mr. Sunil Bhansali was down with viral fever and hence one month’s tim .....

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e file of the Ld. CIT(A) with the direction to decide the same afresh, under the law, after providing sufficient opportunity to the assessee. Assessee is also directed to cooperate with the Ld. CIT(A) and not to take unnecessary adjournment. - Decided in favour of assessee for statistical purposes. - I.T.A. No. 437/DEL/2013 - Dated:- 15-6-2015 - Shri H.S. Sidhu and Shri J.S. Reddy, JJ. For the Petitioner : Sh. Sanjay Mehra, CA For the Respondent : Smt. Parwinder Kaur, Sr. DR ORDER PER H.S. SIDHU .....

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red in law in making and the Ld. CIT(A)-XXXI in confirming the addition of ₹ 60,00,000/- as unexplained Credit u/s. 68 of the I.T. Act, 1961 despite or providing documentary evidences and proving identity of the creditor, creditworthiness of the creditor and genuineness of the transaction. 3. That having regard to the facts and the circumstances of the case, the AO has erred in law in making and the Ld. CIT(A) in confirming the addition of ₹ 60,00,000/- as unexplained credit u/s. 68 .....

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e Income Tax Act, 1961 was issued on 27.9.2010 and served upon the assessee. Thereafter, a questionnaire was issued on 28.7.2011 under section 142(1) alongwith notice under section 143(2) of the I.T. Act, 1961. The Authorised Representative of the assessee attended the assessment proceedings in compliance to the notice under section 142(1)./143(2) of the Income Tax Act, 1961 and furnished information called for from time to time alongwith necessary documents. After going through the documents, A .....

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iled appeal on 20/1/2012. He was given opportunities of hearing on 1/6/2012, 25/06/2012, 2/7/2012, 8/1112012 and 26111/2012. Out of the above said dates, on 3 dates namely 11/06/2012, 25.6.2012 and 07.11.2012 letters have been filed from M/s Oswal Sunil & Company the AR, every time requesting for adjournment as the counsel Mr. Sunil Bhansali was not well to attend the case. On 7/11/2012, while adjourning the case to 26/11/2912 at 3:00 PM- it was clearly written on the request letter that two .....

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ring the appeal proceedings. Standard letters are being sent seeking adjournments every time citing that Mr. Sunil Bhansali was not well to attend the hearing. 3.3 It is noted that if the appeal has been filed by the appellant, it is his right to be heard. However, for the reasons best known to them the company has not been availing opportunities and the conduct of the appellant clearly indicates that it is not serious about pursuing the appeal. It is an established principle that if one wants t .....

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₹ 60,00,000/- against properties from M/s Bhavsagar Vinimay Pvt. Ltd. and M/s. Raunak Vvapar & Viniyog Pvt. Ltd. Inspite of giving opportunities and inspite of requesting for production of the Director for examination and verification of the information, the assessee did not furnish any details about the advance. Infact assessee did not attend on the final day fix for hearing. Therefore the assessment had to be completed ex-parte wherein AO has held ₹ 60,00,000/- as unexplained .....

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furnished any confirmation and details about the said receipt of ₹ 60,00,000/-. I therefore find no other alternative but to confirm the addition. 4. At the time of hearing, Ld. Counsel of the assessee reiterated the contentions raised in the grounds of appeal and stated that Ld. CIT(A) erred in passing the exparte order against the principle of natural justice without affording the proper opportunity of being heard to the assessee and submitting his case on merits. Therefore, he requested .....

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